IN THE CASE OF: BOARD DATE: 17 March 2016 DOCKET NUMBER: AR20150008807 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, reconsideration of his previously denied request for an upgrade of his entry level status discharge to show his service characterized as either honorable or under honorable conditions (general). 2. Additionally, he requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * in item 14 (Military Education) military occupational specialty (MOS) 64C (Motor Transportation Operator) * he qualified as a marksman with the M-16 rifle and hand grenade * he was awarded the Army Service Ribbon (ASR) 3. He states a search of his official military personnel file shows there was no disciplinary action taken against him that resulted in his discharge. Additionally, there was no misconduct leading to the discharge. 4. He provides his self-authored statement, DA Form 2-1 (Personnel Qualification Record), and DD Form 214. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR2001058402, on 27 September 2001. 2. The applicant enlisted in the Regular Army on 23 August 1982. 3. The applicant's record shows he received counseling on 24 September 1982, and 8, 15, and 18 October 1982 for failing to qualify during basic rifle marksmanship. 4. His DA Form 2-1 shows in: a. Item 17 (Civilian Education and Military Schools), U.S. Army Training Center, Vehicle Driver (64C1O), 7 weeks, 1982, with no entry listed in completion. Additionally, his record is void of a certificate of completion or orders awarding him MOS 64C as his primary MOS. b. Item 9 (Awards, Decorations, and Campaigns) contains no date or type of qualification badge awarded for the M-16 Rifle. Marksman Marksmanship Qualification Badge and the date 1 October 1982 are listed for the hand grenade. The ASR is also listed on this form. 5. On 25 October 1982, the applicant was notified of his pending separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 11, for entry level status performance and conduct (Trainee Discharge Program). Specifically, the commander stated the applicant had not demonstrated the necessary aptitude and self-discipline necessary for completion of basic training. He was unable to qualify with his weapon after five attempts. Despite extensive counseling and individualized instruction, his performance did not improve. He displayed a lack of motivation as a result of his failures. Further rehabilitative efforts were not warranted, and he recommended the applicant's immediate discharge. 6. On 25 October 1982, the applicant acknowledged notification of the proposed separation action. He waived his right to consult with counsel and elected not to provide a statement on his behalf. 7. On 26 October 1982, the appropriate authority approved the applicant's discharge under the provisions of chapter 11, Army Regulation 635-200, and directed the applicant’s service be uncharacterized. 8. On 1 November 1982, he was discharged accordingly. His DD Form 214 shows his character of service as "uncharacterized." He was credited with completing 2 months and 9 days of total active service. It also shows in: * Item 11 (Primary Specialty Number, Title, and Years and Months in Specialty) the entry "NA" (Not Applicable) * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), the entry "Hand Gren MKM QUAL BAD" indicating Marksman Marksmanship Qualification Badge with Hand Grenade Bar * Item 14 (Military Education) the entry None 9. There is no indication he petitioned the Army Discharge Review Board for a review of his discharge within that board's 15-year statute of limitations. 10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 11 provides for the separation of Soldiers in an entry-level status (less than 180 days of creditable active service from the date of the initiation of the separation action) who have demonstrated they are not qualified for retention. Specifically cited as an example, which would render an individual not qualified for retention, were those Soldiers who "cannot or will not adapt socially or emotionally to military life." Individuals discharged under the provisions of chapter 11 received an "entry level performance and conduct" statement as the narrative reason for their separation. The service of these Soldiers was uncharacterized. b. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate. c. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 11. Army Regulation 635-5 (Personnel Separations), in effect at the time, establishes standardized procedures for preparation and distribution of the DD Form 214. The regulation states, in pertinent part, to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214 in item 14 to include title, length in weeks, and year completed. This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills. 12. Army Regulation 600-8-22 (Military Awards) states the ASR was established by the Secretary of the Army on 10 April 1981. Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award upon successful completion of initial entry training. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was properly discharged. An uncharacterized separation carries no stigma. It only means the Soldier has not served the requisite amount of time to warrant a characterization of service. 2. The evidence of record further shows he initially entered active duty on 23 August 1982 and he was discharged on 1 November 1982 after completing 2 months and 9 days of active service. This period of service was less than 180 days (6 months); therefore, he was issued a DD Form 214 that shows this period of service as uncharacterized. 3. The overall merits of this case, including his argument, are insufficient as a basis to reverse the previous decision concerning an upgrade of his discharge. 4. In reference to adding MOS 64C to his DD Form 214, the evidence of record verifies that he was trained in MOS 64C for 7 weeks. However, there is no evidence to show that he successfully completed the course and was awarded this MOS. 5. Additionally, there is no evidence and the applicant did not provide any to show he qualified as a marksman with the M-16 rifle. In fact, the commander cited the applicant's inability to qualify with his weapon after five attempts as one of the reasons for the separation action. 6. His DD Form 214 correctly shows he qualified as a marksman with the hand grenade. 7. Although the applicant's DA Form 2-1 lists the ASR, the evidence confirms that he did not complete initial entry training. In accordance with paragraph 12 above, the ASR is awarded upon successful completion of initial entry training. Therefore, it appears the ASR was prematurely annotated on his DA Form 2-1. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________x ____x___ ___x____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR2001058402, dated 27 September 2001. 2. In regard to the remaining new issues, the Board determined that the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____________x_____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150008807 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008807 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1